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I'm sorry, with all due respect, you are just dead wrong on this. All they have to do is have enough 'proof' to convince the DA that if they take it to court he/she will be able to convince 6 citizens in the box that the defendant is guilty beyond a reasonable doubt, and in many cases that does not take much. And contrary to popular belief, and the law, one is not innocent until proven guilty.
The "True Rules" of Criminal Law.
Rule number 1: The Defendant is always guilty of the charges.
Rule number 2: The Judge, DA, and Defense Attorney know Rule Number 1
Rule number 3: All cops tell lies while on the witness stand.
Rule number 4: The Judge, DA and Defense Attorney know Rule Number 3.
Once you know these rules, the "Fair Trial" can start.[/b]
THAT'S what I'm talking about. Some people naively believe that the Constitution is actually in effect anymore. If you think that it is, try getting arrested for something, innocent or guilty, and see what the REAL rules of the game are. You will find that they are much closer to the above post than the way they are written in the Bill of Rights.